ML113400094

Request for Withholding Information from Public Disclosure, 9/27/11 Affidavit Executed by J. Gresham, Westinghouse, WNA-DS-02442-PGE, Revision 2, System Requirements Specification

ML113400094
Person / Time
Site:	Diablo Canyon
Issue date:	12/14/2011
From:	Wang A Plant Licensing Branch IV
To:	Gresham J Westinghouse
Lynch, S T, NRR/DORL/LPL4, 301-415-1524
References
TAC ME7522, TAC ME7523, WNA-DS-02442-PGE, Rev 2
Download: ML113400094 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555"()001 December 14, 2011 Mr. J. A. Gresham Manager, Regulatory Compliance Westinghouse Electric Company LLC 1000 Westinghouse Drive, Suite 428 Cranberry Township, PA 16066

SUBJECT:

DIABLO CANYON POWER PLANT, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. ME7522 AND ME7523)

Dear Mr. Gresham:

By letter dated September 27,2011 (LTR-NRC-11-50, Agencywide Documents Access and Management System (ADAMS) Accession No. ML11279A160), you submitted an affidavit dated September 27, 2011, requesting that information contained in the following document be withheld from public disclosure pursuant to the Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

WNA-DS-02442-PGE, Rev. 2, "Diablo Canyon Units 1 and 2 Process Protection System Replacement Project, Advanced Logic System (ALS) - System Requirements Specification," September 2011 Due to the extent of proprietary information contained in this document, Westinghouse Electric Company LLC was not required to submit non-proprietary versions.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(a)

The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

(b)

It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g.. by optimization or improved marketability.

(c)

Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.

(d)

It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

J. A. Gresham

- 2 (e)

It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

(f)

It contains patentable ideas, for which patent protection may be desirable.

We have reviewed your submittal in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this information to our conSUltants working in this area. We will, of course, ensure that the conSUltants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at 301-415-1445.

Sincerely, CLC~V.1 ~l) LY1t1 Alan B. Wang, prOjtf~ Manager Plant Licensing Branch IV Division of Operating Reactor licenSing Office of Nuclear Reactor Regulation Docket Nos. 50-275 and 50-323 cc:

Mr. John T. Conway Senior Vice President - Energy Supply and Chief Nuclear Officer Pacific Gas and Electric Company Diablo Canyon Power Plant 77 Beale Street, Mail Code B32 San Francisco, CA 94105 Additional distribution via Listserv

J. A. Gresham

- 2 (e)

It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

(f)

It contains patentable ideas, for which patent protection may be desirable.

We have reviewed your submittal in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course. ensure that the conSUltants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection. you should promptly notify the NRC. You also should understand that the NRC may have cause to review this determination in the future. for example. if the scope of a Freedom of Information Act request includes your information. In all review situations. if the NRC makes a determination adverse to the above. you will be notified in advance of any public disclosure.

If you have any questions regarding this matter. I may be reached at 301-415-1445.

Sincerely.

IRAJ Alan B. Wang. Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-275 and 50-323 cc:

Mr. John T. Conway Senior Vice President - Energy Supply and Chief Nuclear Officer Pacific Gas and Electric Company Diablo Canyon Power Plant 77 Beale Street. Mail Code B32 San Francisco. CA 94105 Additional distribution via Listserv DISTRIBUTION:

PUBLIC RidsNrrDorlLpl4 Resource RidsOgcRp Resource LPL4 RlF RidsNrrLAJBurkhardl Resource RidsRgn4MailCenier Resource RidsAcrsAcnw_MailCTR Resource RidsNrrPMDiabloCanyon Resource SLynch. NRRlDORLJLPL4 NRRlLPL4/PM NRRlDE/EICB/BC NRRlLPL4/BC NRRlLPL4/LA AWang JBurkhardl GWilson MMarkley 12/14/11 12/12/11 12/14/11 12/6/11 OFFICIAL RECORD COPY